Search Results for "Revisional Proceedings"

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High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

High Court

High Court Quashes Income Tax Assessment Orders for Non-Compliance with Mandatory Draft Order Requirement Under Section 144C of Income Tax Act, 1961. The court held that issuance of draft assessment order under Section 144C(1) is mandatory for eligible assessees where variation arises from Transfer Pricing Officer order under Section 92CA(3), and non-compliance renders final order void ab initio, even after remand under Section 263.

6 Jan 2026

The dispute involved a pharmaceutical company challenging assessment orders passed by the Income Tax Department for Assessment Years 2017-18 and 2018-...

Supreme Court

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

6 Mar 2025

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

High Court

Bombay High Court Quashed Notice Issued Under Section 148 of the Income Tax Act, 1961. Reassessment Proceedings Deemed Invalid Due to Lack of New Material and Reopening on Same Grounds as Section 263 Proceedings

20 Feb 2025

Reopening of assessment is not permissible when the issues have already been adjudicated in revisional proceedings under Section 263 and no fresh mate...

Supreme Court

Supreme Court Quashes High Court’s Overreach: Acquittal Restored, Compensation Granted. Judicial Overreach in Revisional Jurisdiction Results in Unlawful Conviction—Supreme Court Reaffirms Limits on High Court Powers and Ensures Justice for the Wrongfully Convicted.

29 Jan 2025

Acts and Sections Discussed: Indian Penal Code, 1860 (IPC) – Section 302 (Murder) Code of Criminal Procedure, 1973 (CrPC) – Sections 401...

High Court

Revisional Jurisdiction and Compounding Offences Under Negotiable Instruments Act, 1881. Bombay High Court defines the scope of revisional powers and compounding provisions in cheque dishonor cases.

20 Dec 2024

Legal Issue 1: Whether the High Court in its revisional jurisdiction under Section 397 of the Cr.P.C. can accept consent terms and allow compounding o...

High Court

Bombay High Court Upholds Contractual Rent, Rejects Arbitrary Reduction by Appellate Court. Commercial lease agreements cannot be arbitrarily altered under the garb of standard rent fixation.

5 Dec 2024

The Bombay High Court set aside the Appellate Court’s decision to reduce the contractual rent of the premises from ₹2,000 to ₹1,000 per month, r...

High Court

Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

18 Jul 2024

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

High Court

"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

24 Jun 2024

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...

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